DPP Dismisses Torture allegations on Embattled Minister Kitutu

The Anti-Corruption Division of the High Court presided by Justice Jane Okuo Kajuga on Monday dismissed the application lodged by Hon. Kitutu Mary Goretti Kimono. 

Embattled Minister Kitutu had petitioned court alleging that members and agents of the Uganda Police, the Parliamentary Committee on Presidential Affairs, the media and other state institutions subjected her to torture or cruel, inhuman and degrading treatment during the course of the investigations against her in the case of mismanagement of Karamoja iron sheets. 

As a result of the alleged gross violation of her non-derogable rights, she contended that the criminal trial against her be declared a nullity and the charges be dismissed.
She also complained about being tried alone yet some of the other suspects in the iron sheets saga were not prosecuted.

However, court today dismmised her application and ordered that trial continues. 

"There is no justification or ground for the applicant's expectation that all the suspects in the iron sheets case should be treated exactly the same way. There is no indication that the cases against the applicant and the suspects not prosecuted are essentially the same requiring that all are either prosecuted or all are conversely set free and allowed to return the iron sheets," Okuo said. 

The court further found that the investigations into the alleged theft of iron sheets meant for the Karamoja Community Empowerment Program and the resultant criminal charges were not irreparably tainted with gross abuse of the applicant's non-derogable rights.

In addition, it found that the applicant's non-derogable right to a fair hearing had not been violated through the denial of disclosure of exculpatory exhibits and documents in possession of the State. 

"That the media reporting in the iron sheets case had not irreparably violated the applicant's right to a fair hearing. The court also found that members and agents of the Uganda Police, the Parliamentary Committee on Presidential Affairs and other state institutions did not subject the applicant to torture or cruel, inhuman and degrading treatment during the course of their investigations against her," court ruled. 

Consequently, the court directed the trial against Kitutu to proceed. The trial had been stayed upon the applicant challenging the legality of events surrounding the investigation of the case against her.

On 6th August 2023, the Office of the Director of Public Prosecutions (ODPP) charged Kitutu together with Abaho Joshua, Senior Assistant Secretary (OPM) and Naboya Kitutu Michael with the offenses of loss of public property and conspiracy to defraud. The charges relate to the alleged diversion of iron sheets for the Karamoja Community Empowerment Program.